Read Blog
related attorneys

3M is facing a host of lawsuits through multi-district litigation (MDL), which allege that 3M’s aqueous film-forming foam (AFFF) contained harmful PFAS chemicals that can lead to serious health problems.
In defense of these claims, 3M argued that it was entitled to government contractor immunity. If successful, this defense would allow 3M to escape liability for public policy reasons.
But on September 16, 2022, the MDL Court denied 3M’s attempt to apply government contractor immunity, paving the way for the first AFFF bellwether trial to take place in June 2023. The Ferraro Law Firm represents those who have been injured by AFFF exposure and we’re pleased with the Court’s decision to reject 3M’s government contractor immunity defense.
The Government Contractor Immunity Defense
For a government contractor immunity defense to apply, the defendant must show three things:
- The U.S. approved reasonably precise specifications for the product;
- The product conformed to those specifications;
- The supplier warned the U.S. about dangers in the use of the products.
3M’s legal defense team argued that the government’s requirements forced it to use PFAS in its AFFF—and because the defendants provided what the government wanted (and ordered), they can’t now be held liable for any harm resulting from AFFF use.
However, at a hearing on August 19, 2022, the Court disapproved of the government contractor defense, noting that his review of the cited caselaw wouldn’t support this defense in the AFFF litigation. He seemed to focus particularly on what the EPA knew about the harms and hazards of PFAS, and when the EPA knew it.
Although 3M argued that it was up front with hazard and health information, and what the EPA did with this information was up to the U.S. government, the Court concluded that 3M and other defendants provided “pieces of the puzzle” but by no means a “complete picture.”
Ultimately, the Court found that the government’s use of AFFF products didn’t convey government immunity, since the EPA didn’t become aware that AFFF contained harmful PFAS until 2000s. Meanwhile, 3M regularly conducted tests and experiments using AFFF and should have known about—and disclosed—its cancer-causing potential.
Going forward, the Court is likely to focus on the level of knowledge all involved parties had when it came to the use of PFAS in AFFF. And if it’s shown that 3M knew of these harms but didn’t disclose them to the government, it could be liable for compensatory and punitive damages.
What to Know About the AFFF Multi-District Litigation (MDL)
The AFFF MDL includes thousands of lawsuits alleging exposure to or pollution from per- and polyfluoroalkyl substances (PFAS) that are contained in AFFF.
In 2021, three bellwether trials were scheduled for 2023. These bellwether trials are designed to take the most representative cases before a jury, and the outcome of these trials may dictate whether additional claims proceed to trial or the Defendants offer a settlement of the remaining claims. The three bellwether cases selected involve allegations from cities and towns that the PFAS contained in AFFF polluted their public drinking water systems. They seek to hold 3M and other defendants responsible for remediation costs.
If you or a loved one has developed health problems as a result of aqueous film-forming foam, you may be entitled to compensation. At The Ferraro Law Firm, we’re focused on each client’s case and will use all our resources to ensure you have the most robust representation possible. To schedule your free consultation, call 888-554-2030 or just fill out our free case consultation form and a member of our team will soon be in touch.
Featured Articles
our attorneys
Client Experiences
When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
To the general public searching for a competent aggressive law firm, I must recommend The Ferraro Law firm. After my first consultation with this firm, it was clear this was the right firm to handle my case.
I had tried a few others but was not impressed. In fact, the others made me feel like just a number. I’m a licensed general contractor with many years of experience. The main thing in my business success is, and has been, communication.
Ferraro Law has given me the very best communication I could ask for. As we all know, things don’t always happen overnight. This is where communication comes in.
My thanks to the Ferraro Law firm for transparency and diligent attention to all the details in my case.
I recommend them highly with a five star rating. 10 if I could.
Mark D.
I had a truly positive experience working with Ferraro Law Firm, especially Berta, who supported me every step of the way. From the beginning, she was kind, patient, and very clear in her communication. She set realistic expectations and checked in with me often, which made a big difference during a time that felt overwhelming in my personal life.
Receiving a settlement sounds like it should be simple, but it can actually be a lot to process. Berta made everything feel manageable. The process of signing documents and receiving my settlement was smooth and stress-free, and I always felt reassured that everything was being handled properly.
What stood out to me the most was how considerate and understanding she was of me as a person, not just a case. As a mother, that meant a lot. I truly felt supported throughout the entire experience.
I’m very grateful for the help I received and would absolutely recommend Ferraro Law Firm to anyone looking for professionalism, guidance, and genuine care during a legal process.
Ebony C.
Mrs. Berta, thank you for being the best part of Ferraro Law Firm.
Regina H.
I am very pleased with Ferraro law firm and their employee Berta. She was very helpful and she kept me informed about the entire process. I would definitely recommend this company!
Roger T.
Free Case Consultation
Our Trial and Appellate Attorneys Are Ready to Fight for You
If you were seriously injured, remember that it is crucial to choose the right law firm to represent your interests. We have been doing this for more than three decades, and have the resources you need to challenge any opponent!